MATTER OF SHEPPARD v. BEZIO


62 A.D.3d 1189 (2009)

In the Matter of DARRYL SHEPPARD, Petitioner, v. NORMAN BEZIO, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided May 21, 2009.


Petitioner was charged in a misbehavior report with using a controlled substance after two urinalysis tests yielded positive results for the presence of opiates. Following a tier III disciplinary hearing, petitioner was found guilty and a penalty was imposed. After an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding challenging the determination of his guilt.

We first reject petitioner's assertion that the omission on the urinalysis...

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